Moss and Barnett
 
Featured in this Issue:
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David P. Jendrzejek James J. Vedder Michael. A. Bondi
The new Defend Trade Secrets Act ("DTSA"), arguably the most sweeping change to intellectual property law in decades, creates a nationwide trade secrets law that gives litigants easier access to federal courts.  
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The question of when a spousal maintenance payor may retire and modify or terminate his or her maintenance obligation has been arising more frequently as many of the baby boomers enter into retirement.   
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Because the DTSA represents one of the most significant law changes in U.S. intellectual property law in quite some time, it is likely that there will be questions regarding how the DTSA affects your business.   
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Margaret H. Garborg

Margaret (Maggie) H. Garborg has joined the firm's real estate team. Maggie focuses her practice on real estate financing transactions, primarily advising lenders regarding financing and refinancing of multifamily housing projects and the sale of loans to secondary market investors such as the Federal Home Loan Mortgage Corporation. She received her J.D. from the University of Colorado Law School and her B.A. from The College of William and Mary.

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Charles E. Jones
Charles E. Jones has joined the firm's litigation and accountant law teams. Charles focuses his practice on defending malpractice claims against accountants and attorneys, as well as other professional liability actions against insurance agents and brokers, brokerage firms, stockbrokers, and financial advisors. He also advises CPAs and attorneys in Minnesota and throughout the country in managing and controlling risk and represents insurance companies in a wide range of insurance coverage issues. Charles received his J.D.,  cum laude , from the University of Minnesota Law School and his B.A.,  cum laude , from Carleton College.
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Thomas R. Loonan
Thomas R. Loonan has joined the firm's creditors' remedies and bankruptcy team. Tom focuses his practice on defending Fair Debt Collection Practices Act and Fair Credit Reporting Act claims, as well as counseling creditors, debt buyers, attorneys, and businesses on compliance with state and federal credit and collection laws. He received his J.D.,  cum laude, from William Mitchell College of Law and his B.A. from Saint John's University.
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Katherine D. Pasker
Katherine D. Pasker has joined the firm's real estate team. As a real estate attorney who focuses on zoning and related regulatory approvals, as well as due diligence analysis for one of the nation's largest wireless communications companies, Katherine is responsible for drafting agreements with federal, state, local, and tribal government entities, as well as counseling clients as to the attendant business and legal risks associated with those agreements. Katherine received her J.D., cum laude, from the University of Minnesota Law School and her B.A., cum laude, from the University of Utah.


Carolyn McCune and Carol J. Yerks
Carolyn McCune and Carol Yerks
Carolyn McCune and Carol J. Yerks, paralegals with our real estate team, were recently certified as Minnesota Certified Paralegals (MnCPs). Carolyn provides review, analysis, and resolution of title and survey issues with a particular focus on multifamily lending transactions. Carol specializes in complex commercial real estate transactions, including drafting agreements and leases, conducting due diligence, and reviewing titles and surveys. More >

 

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Aaron A. Dean
Aaron Dean

Curtis D. Smith
Curt Smith

Aaron A. Dean and Curtis D. Smith, attorneys with our litigation team, whose legal careers span all facets of the construction industry, successfully lobbied on behalf of the Minnesota Subcontractors Association (MSA) for "retainage" reform in the 2016 Minnesota Legislative Session. The 2016 retainage law was passed and signed into law by Governor Dayton and will go into effect on August 1, 2016. The new law will apply to construction contracts entered into on and after that date. More >

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Taylor D. Sztainer
Taylor Sztainer
Taylor D. Sztainer, an attorney with our accountant law, employment law, and litigation teams, was selected to serve as the Lead Co-Chair of the 2016 Associates' One Hour of Sharing Campaign benefitting Mid-Minnesota Legal Aid beginning July 1, 2016. As Lead Co-Chair, Taylor will also become a voting trustee of The Fund for Legal Aid for a one-year term.

Mid-Minnesota Legal Aid provides free legal services in civil matters to seniors and low income people in its 20-county service area and to people with disabilities statewide. More >

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Philip T. Rush
Phil Rush
Philip T. Rush, our Finance Director, has successfully completed the Association of Legal Administrators (ALA) certification process and has earned the professional designation of Certified Legal Manager (CLM). The CLM certification program allows a qualified legal administrator to demonstrate, through an examination process, a mastery of the core areas of knowledge identified as essential to the effective performance of a principal administrator. More >
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The U.S. Department of Labor recently issued new rules raising the salary threshold required to qualify for the "white collar" exemption under the Fair Labor Standards Act to $47,476 per year or $913 per week. The new salary level is more than double the current $23,660 annual or $455 weekly cutoff to qualify for exemptions for executive, administrative, and professional employees .

Employers are now faced with the challenge, before December 1 of this year, of analyzing the status of all employees who earn less than the new salary threshold, but who were previously exempt from overtime, to determine how they will be paid going forward. Employers will have to consider whether to increase the salaries of those employees to meet the new salary threshold or to reclassify them as non-exempt and thus eligible for overtime.
 
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Based on several recent changes in employment law, Minnesota employers should take care to update their existing employee handbooksto reflect such changes. For example, the Women's Economic Security Act of 2014 contained various provisions that must be incorporatedinto existing employee handbooks. Minnesota employers' handbooks must include a provision informing employees of their right to shareinformation with their co-workers about their wages and the remedies available under the law if adverse action is taken because of sucha disclosure. Employers also must ensure that their sick leave policy is consistent with the expansion of the Sick Leave Benefits statute thatallows sick leave to be used for safety leave or for the care of various family members. Finally, Minnesota parenting leave policies must berevised to include the increased time off (from six weeks to twelve weeks) and the allowed uses of the leave (absences relating to pregnancy).
 
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On May 27, 2016, the City of Minneapolis passed an ordinance to require most private employers to offer paid sick leave to workers. Starting July 1, 2017, workers at Minneapolis businesses with six or more employees will be able to earn up to 48 hours of paid sick leave per year, at a rate of one hour of leave per 30 hours of work. Employers with five or fewer employees will be required to offer the same amount of unpaid leave. Workers will be able to roll over unused sick leave from one year to the next until they accumulate 80 hours.

The new ordinance applies to employers based in Minneapolis and to workers who have a regular workplace in the city. However, it also applies to workers such as delivery drivers and repair persons who move into and out of the city during a work day, who would be able to accumulate paid leave for each hour worked within the city, provided that they spend at least 80 hours working within the boundaries of Minneapolis in any given year.  

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In May 2016, Minnesota became the final state to allow an individual to create a trust for the benefit of a pet. H.F. 1372 added section 501C.0408 to the Minnesota Trust Code, providing for the creation of a "trust for the care of animal alive during the settlor's lifetime." The statute further provides that the trust may designate a person who is responsible for administering the trust for the benefit of the pet during its lifetime and that the trust must terminate upon the death of the pet. The settlor can contribute any dollar amount to the trust and the statute directs that upon the termination of the trust, the assets in the trust shall pass to the beneficiaries designated in the trust instrument, or in the event the instrument is silent, to the settlor's heirs-at-law as determined under the intestacy statutes in the state in which the settlor was domiciled.
 

Moss & Barnett is pleased to congratulate its attorneys who are listed in 2016 Super Lawyers and Rising StarsMore >

Cindy J. Ackerman
Cindy J. Ackerman
Kevin M. Busch
Kevin M. Busch
Mitchell H. Cox
Mitchell H. Cox
Jana Aune Deach
Jana Aune Deach
Aaron A. Dean
Aaron A. Dean
Sarah E. Doerr
Sarah E. Doerr
Charles E. Jones
Charles E. Jones
Susan C. Rhode
Susan C. Rhode*
Dave F. Senger
Dave F. Senger
Tom Shroyer - Best Lawyer 2016
Thomas J. Shroyer
Taylor D. Tarvestad-Sztainer
Taylor D. Sztainer
James J. Vedder
James J. Vedder*
*Moss & Barnett is especially pleased to congratulate Susan C. Rhode, who ranked in the Minnesota Top 10, Top 50 Women, and Top 100  Super Lawyers lists for 2016, and James J. Vedder, who ranked in the Top 100  Super Lawyers list for 2016.

Kelly C. McGinty - Did You Know
Kelly McGinty, USA vs. Norway
[Photo Courtesy of Slade Kemmet at SladeKemmet.com]
Kelly C. McGinty, an attorney with our litigation team, plays midfield for the USA Women's National Bandy Team. Bandy is played on an ice surface the size of a soccer field, and the only Bandy ice sheet in North America is located in Roseville, Minnesota, at the Guidant John Rose Oval skating rink. Bandy is best described as field hockey on skates. Each team is made up of 11 skaters, including a goalkeeper. More >


 

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